Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs were not able to substantiate the fact that document was not available to them from the time of their filing the suit till the appeal has been filed - Requirements of O.41.R.27 CPC are not satisfied by plaintiff - Application dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - O.23.R.3 CPC requires that compromise should be in writing and signed by parties - Mere statements of parties before Court about said compromise cannot satisfy the requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Matter can be remitted back by appellate Court to Lower Court U.O.21.R.23-A CPC only after judgment of Lower Court is set aside on merits and retrial of case is considered necessary...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - First appellate Court is a Court of law and facts both - It can appoint a local commissioner and permit parties to lead additional evidence - It can also seek report from trial Court U.O.41.R.25 CPC...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Person who is alleged to have received the amount on behalf of vendor is not a necessary party - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission when clear and not withdrawn, is a good and material source of evidence to rely upon to decide a fact in issue...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought is a minor correction of number of trees mentioned in the plaint and addition of some lines in the plaint regarding source of irrigation - Proposed amendment will not alter the case - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Objection U.O.21.R.90 CPC confined to material irregularity or fraud or publishing or conducting the sale - Mere fact that no opportunity was granted to appellants on the point of market value in view of O.21.R.90(3) CPC and any other objection beyond the scope of O.21.R.90(1), (2)..........
